R2019-CUP19-00013 FAILED RESOLUTION R2019- CUP19-00013
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow an auto repair (minor) on a
0.9273-acre lot located within the Center at Pearland Parkway Planned
Development, being all of all of Lot 1, Block 1 of the Center at Pearland
Parkway, Phase Ill, an addition in the City of Pearland, Brazoria County,
Texas, as recorded in the in File No. 2018047201 in the Plat Records of
Brazoria County, Texas (Located at 2430 Pearland Parkway, Pearland,
TX). Conditional Use Permit Application No CUP19-00013, within the Center
at Pearland Parkway Planned Development, at the request of Kelsey Kreher,
applicant, on behalf of Center at Pearland Parkway III, LP, represented by
Mark Sondock, owner, containing a savings clause, a severability clause,
and an effective date and other provisions related to the subject.
WHEREAS, Kelsey Kreher, applicant, on behalf of Center at Pearland Parkway
III, LP, represented by Mark Sondock, owner, is requesting approval of a Conditional
Use Permit (CUP) to allow an auto repair (minor) on a 0.9273-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 9th day of September, 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 Kelsey Kreher, applicant, on behalf of Center at Pearland
Parkway Ill, LP, represented by Mark Sondock, owner, for approval of a Conditional
Use Permit to allow an auto repair (minor) on a 0.9273-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 Center at
Pearland Parkway Planned Development, is hereby granted a Conditional Use Permit
(CUP) to allow an auto repair (minor), subject to all requirements of the Center at
Pearland Parkway Planned Development, 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 all of Lot 1, Block 1 of the Center at Pearland
Parkway, Phase Ill, an addition in the City of Pearland, Brazoria County, Texas,
as recorded in the in File No. 2018047201 in the Plat Records of Brazoria
County, Texas.
General Location: 2430 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.
PASSED, APPROVED, and ADOPTED on this the 9th day of September, 2019.
TOM REID
MAYOR
ATTEST:
MARIA E. RODRIGUEZ
INTERIM CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being all of Lot 1, Block 1 of the Center at Pearland Parkway, Phase Ill, an addition in
the City of Pearland, Brazoria County, Texas, as recorded in the in File No. 2018047201
in the Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
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CUP 19-00013
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AUG.28.2019
i ,,•i‘lk PLANNING DEPARTMENT
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: CUP 19-00013
A request by Kelsey Kreher, applicant, on behalf of Center at Pearland
Parkway III, LP, represented by Mark Sondock, owner, for approval of a
Conditional Use Permit (CUP) to allow an auto repair-minor on 0.9273
acres of land located within the Center at Pearland Parkway Planned
Development.
Legal Description: Being all of Lot 1, Block 1 of the Center at Pearland
Parkway, Phase III, an addition in the City of Pearland, Brazoria County,
Texas, as recorded in the in File No. 2018047201 in the Plat Records of
Brazoria County, Texas.
General Location: 2430 Pearland Parkway, Pearland, TX.
Summary: The applicant proposes to construct a 2,024-square foot oil
change facility in The Center at Pearland Pkwy. The proposed use is
classified as auto repair-minor, which is defined as minor repair or
replacement of parts, tires, tubes and batteries; diagnostic services; minor
maintenance services such as grease, oil, spark plug and filter changing;
tune-ups; muffler repair, emergency road service; replacement of starters,
alternators, hoses and brake parts; automobile washing and polishing:
performing state inspections and making minor repairs necessary to pass
said inspection; normal servicing of air-conditioning systems; and other
similar minor services for motor vehicles except heavy load vehicles.
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, September 9, 2019