R2019-CUP19-00011 2019-08-05 RESOLUTION R2019- CUP19-00011
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow an upholstery shop within the
General Commercial (GC) District, being a 1.292-acre tract in the H.T. &
B.R.R. Co. Survey, Abstract No. 1, Brazoria County, Texas. Said 1.292-acre
tract is in a called 2.9340-acres tract described in a deed to Wagon Trail
Enterprises Limited Partnership recorded in Clerk's File No. 2005023402 in
the Brazoria County Clerk's Office. (Located at 5720 Broadway St., Unit
106, Pearland, TX). Conditional Use Permit Application No CUP19-00011,
within the General Commercial (GC) District, at the request of Deysi
Sanchez, applicant, on behalf of 5720 & 5740 Broadway Plaza, LLC, owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Deysi Sanchez, applicant, on behalf of 5720 & 5740 Broadway
Plaza, LLC, owner, is requesting approval of a Conditional Use Permit (CUP) to allow
an upholstery shop on a 1.292-acre tract of land located within the General Commercial
(GC) 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 5th day of August, 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 Deysi Sanchez, applicant, on behalf of 5720 & 5740
Broadway Plaza, LLC, owner, for approval of a Conditional Use Permit to allow an
upholstery shop on a 1.292-acre tract of land; 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 an
upholstery shop, 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 a 1.292-acre tract in the H.T. & B.R.R. Co. Survey,
Abstract No. 1, Brazoria County, Texas. Said 1.292-acre tract is in a called
2.9340-acres tract described in a deed to Wagon Trail Enterprises Limited
Partnership recorded in Clerk's File No. 2005023402 in the Brazoria County
Clerk's Office.
General Location: 5720 Broadway St., Unit 106, 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 5th day of August, 2019.
c)6;,),/
TOM REID
MAYOR
ATTEST:
MARIA E. RODRIGUEZ, RM
INTERIM CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being a 1.292-acre tract in the H.T. & B.R.R. Co. Survey, Abstract No. 1, Brazoria
County, Texas. Said 1.292-acre tract is in a called 2.9340-acres tract described in a
deed to Wagon Trail Enterprises Limited Partnership recorded in Clerk's File No.
2005023402 in the Brazoria County Clerk's Office.
Exhibit B
Vicinity Map
F.
Exhibit 1
CUP 19-00011
Zoning &Aerial 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: CUP19-00011
A request by Deysi Sanchez, applicant, on behalf of 5720 & 5740
Broadway Plaza, LLC, owner, for approval of a Conditional Use Permit
(CUP) to allow an upholstery shop on a 1.292-acre tract of land located
within the General Commercial (GC) District.
Legal Description: Being a 1.292-acre tract in the H.T. & B.R.R. Co.
Survey, Abstract No. 1, Brazoria County, Texas. Said 1.292-acre tract is in
a called 2.9340-acres tract described in a deed to Wagon Trail Enterprises
Limited Partnership recorded in Clerk's File No. 2005023402 in the
Brazoria County Clerk's Office.
General Location: 5720 Broadway St., Unit 106, Pearland, TX.
Summary: The applicant proposes to operate an upholstery shop within
the existing building located at the southeast corner of Broadway Street
and Wagon Trail Road.
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, August 5, 2019
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 agonzales(a�pearlandtx.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 www.pearlandtx.gov/public-hearings.