Ord. CUP 17- 00020 2019-11-18 RESOLUTION R2019- CUP19-00020
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a convenience store with a
gasoline station on approximately 2.00 acres of land within the General
Business (GB) District, being a 2.00-acre tract of land out of 47.207 acres
situated in the C. J. Hall Survey, Abstract No. 215, in Brazoria County,
Texas; being out and part of that same tract of land designated as Tract 8
and described in the deed to Lennar Homes of Texas, Inc., recorded in
Brazoria County, Texas (Located at the northwest corner of Cullen
Parkway and Mchard Road Intersection). Conditional Use Permit
Application No CUP19-00020, within the General Business (GB) District, at
the request of Justin A. Schrader, LJA Engineering, applicant, on behalf of
Lennar Homes of Texas Land and Construction, Ltd., owner, containing a
savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Justin A. Schrader, LJA Engineering, applicant, on behalf of Lennar
Homes of Texas Land and Construction, Ltd., owner, is requesting approval of a
Conditional Use Permit (CUP) to allow a convenience store with a gasoline station on
approximately 2.00 acres within the General Business (GB) 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 18th day of November, 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 Justin A. Schrader, LJA Engineering, applicant, on behalf of
Lennar Homes of Texas Land and Construction, Ltd., owner, is requesting approval of a
Conditional Use Permit (CUP) to allow a convenience store with a gasoline station on
approximately 2.00 acres within the General Business (GB) District 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
Business (GB) District, is hereby granted a Conditional Use Permit (CUP) to allow a
convenience store with a gasoline station, subject to all requirements of the General
Business (GB) District and the Corridor Overlay 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 2.00-acre tract of land out of 47.207 acres situated in
the C. J. Hall Survey, Abstract No. 215, in Brazoria County, Texas; being out and
part of that same tract of land designated as Tract 8 and described in the deed to
Lennar Homes of Texas, Inc., recorded in Brazoria County, Texas.
General Location: Northwest Corner of Cullen Parkway and Mchard Road
Intersection, Pearland, TX.
Conditions:
1. The proposed use shall be developed in substantial conformance to the
building materials on the conceptual building elevations provided by the
Applicant attached hereto and made a part hereof for all purposes as
Exhibit "D".
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 18th day of November, 2019.
af./
`•.• TOM REID
''''faitsito'N MAYOR
ATTEST:
C1)\11/4AVILL 401.it
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
Q11
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being 2.00-acre tract of land out of 47.207 acres situated in the C. J. Hall Survey,
Abstract No. 215, in Brazoria County, Texas; being out and part of that same tract of
land designated as Tract 8 and described in the deed to Lennar Homes of Texas, Inc.,
recorded in Brazoria County, Texas.
Exhibit B
Vicinity 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 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 19-00020
A request by Justin A. Schrader, LJA Engineering, applicant, on behalf of
Lennar Homes of Texas Land and Construction, Ltd., owner, for approval
of a Conditional Use Permit (CUP) for a convenience store with a gasoline
station on approximately 2.00 acres of land within the General Business
(GB) District; to wit:
Legal Description: Being 2.00-acre tract of land out of 47.207 acres
situated in the C. J. Hall Survey, Abstract No. 215, in Brazoria County,
Texas; being out and part of that same tract of land designated as Tract 8
and described in the deed to Lennar Homes of Texas, Inc.. recorded in
Brazoria County, Texas.
General Location: Northwest Corner of Cullen Parkway and Mchard
Road Intersection. Pearland, TX.
Summary: The applicant proposes to develop a 5,000-square feet
convenience store with a gas station capable of dispensing fuel to twenty
(20) vehicles at the northwest corner of Cullen Parkway and Mchard Road
Intersection.
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, November 18, 2019
Exhibit D
KEYED NOTES
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