R2019-CUP19-00016 2019-10-21 RESOLUTION R2019- CUP19-00016
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow monthly live music concerts
located on approximately 0.86 acres of land within the Single-family
Residential (R-1) District, being all of Lot 18 of Westchester Estates
according to the Jack C. McKnight Survey, dated April 18, 1962, and being
of the H.T. and B. Railroad Company Survey, Abstract No. 242, in Brazoria
County, Texas (2845 Westchester Circle, Pearland, TX). Conditional Use
Permit Application No CUP19-00016, within the Single-family Residential (R-
1) District, at the request of James Adams, applicant and owner, containing a
savings clause, a severability clause, and an effective date and other
•
provisions related to the subject.
WHEREAS, James Adams, applicant and owner, is requesting approval of a
Conditional Use Permit (CUP) to allow monthly live music concerts located on
approximately 0.86 acres of land 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 21st day of October, 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 James Adams, applicant and owner, for approval of a
Conditional Use Permit to allow monthly live music concerts located on approximately
0.86 acres 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 Center at
Pearland Parkway Planned Development, is hereby granted a Conditional Use Permit
(CUP) to allow monthly live music concerts, subject to all requirements of the Single-
family Residential (R-1) 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 all of Lot 18 of Westchester Estates according to the
Jack C. McKnight Survey dated April 18, 1962 and being of the H.T. and B.
Railroad Company Survey, Abstract No. 242, in Brazoria County, Texas.
General Location: 2845 Westchester Circle, Pearland, TX.
1. Concert events be limited to one event per month;
2. The proposed use shall meet the Building and Fire codes; and
3. On-street parking shall be limited along the side of the street of the subject
property only.
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 21st day of October 2019.
TOM REID
�� MAYOR
ATTEST:
(/),Iti4444., /
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being all of Lot 18 of Westchester Estates according to the Jack C. McKnight Survey,
dated April 18, 1962, and being of the H.T. and B. Railroad Company Survey, Abstract
No. 242, in Brazoria County, Texas.
Exhibit B
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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 SPECIAL 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 19-00016
A request by James Adams, applicant and owner, for approval of a
Conditional Use Permit (CUP) to allow monthly live music events to
benefit a charity located on approximately 0.86 acres of land within the
Single-family Residential (R-1) District; to wit:
Legal Description: Being all of Lot 18 of Westchester Estates according
to the Jack C. McKnight Survey, dated April 18, 1962, and being of the
H.T. and B. Railroad Company Survey, Abstract No. 242, in Brazoria
County, Texas.
General Location: 2845 Westchester Circle, Pearland, TX.
Summary: The applicant seeks a Conditional Use Permit to host a
monthly live concert event or twelve (12) events per year to raise money
for local charities and non-profit causes.
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, October 21, 2019