R2019-CUP19-00006 2019-06-17 RESOLUTION R2019- CUP19-00006
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a micro-distillery on 1.8365 acre
tract of land located within the General Commercial (GC) District, being
a 1.8365-acre tract of land out of Tract 48 of the Zychlinski Subdivision of
Section 2, situated in the H.T. & B.R.R. Company Survey, Abstract No. 542,
Brazoria County, Texas, being the same land described in deed recorded in
Brazoria County Clerk's File No. 93-034629, and also shown as Lots 1&2 on
a plat showing the division of said Tract 48, County Surveyor of Brazoria
County, Texas, dated April 29, 1958. (Located at 1607 N. Main Street,
Suite A, Pearland, TX). Conditional Use Permit Application No CUP19-
00006, within the General Commercial (GC) District, at the request of Dustin
Jackson, applicant, on behalf of URSAFE Pearland, LLC, owner, containing
a savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Dustin Jackson, applicant, on behalf of URSAFE Pearland, LLC,
owner, is requesting approval of a Conditional Use Permit (CUP) to to allow a micro-
distillery on 1.8365 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 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. 20001; 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 a micro-distillery on 1.8365 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 a
micro-distillery, 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 1.8365-acre tract of land out of Tract 48 of the
Zychlinski Subdivision of Section 2, situated in the H.T. & B.R.R. Company
Survey, Abstract No. 542, Brazoria County, Texas, being the same land
described in deed recorded in Brazoria County Clerk's File No. 93-034629, and
also shown as Lots 1&2 on a plat showing the division of said Tract 48, County
Surveyor of Brazoria County, Texas, dated April 29, 1958.
General Location: 1607 N. Main Street, Suite A, Pearland, TX.
1. The proposed use shall be limited to the 800-square foot lease space as
indicated on the applicant's request.
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.
M;1 �e
TOM REID
MAYOR
ATTEST:
YOU �G LORI/ 41" , RM/
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•..
CIT T.ECR V A RY
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being a 1.8365-acre tract of land out of Tract 48 of the Zychlinski Subdivision of Section
2, situated in, the H.T. & B.R.R. Company Survey, Abstract No. 542, Brazoria County,
Texas, being the same land described in deed recorded in Brazoria County Clerk's File
No. 93-034629, and also shown as Lots 1&2 on a plat showing the division of said Tract
48, County Surveyor of Brazoria County, Texas, dated April 29, 1958
Exhibit B
Vicinity Map
Exhibit 1
—_
ALICE ST __ _ I
• CUP 19-00006
6 4 Zoning and Aerial Map
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