Ord. CUP 19- 00022 2019-11-18 RESOLUTION R2019- CUP19-00022
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a 5000-square foot retail business
within Light Manufacturing (M-1) District, being 1.343 acres out of a
1.4463-acre tract of land described in Volume 1400, Page 187 of the Deed
Records of Brazoria County, Texas, said tract also being out of Tract No. 4, of
the Bayou Commercial Park of Pearland, an addition in the City of Pearland
according to the plat recorded in Volume 16, Page 57 of the Plat Records of
Brazoria County, Texas. (Located at 1118 Main Street, Pearland, TX)
Conditional Use Permit Application No CUP19-00022, within the Light
Industrial (M-1) District, at the request of Mike Frankoff, applicant, on behalf of
Alpapar Holdings LLC, owner, containing a savings clause, a severability
clause, and an effective date and other provisions related to the subject.
WHEREAS, Mike Frankoff, applicant, on behalf of Alpapar Holdings LLC, owner,
is requesting approval of a Conditional Use Permit (CUP) to allow a 5000-square foot
retail business in a portion of a 13,500 square foot building on a 1.343-acre tract of land
located within the Light Manufacturing (M-1) 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 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 Mike Frankoff, applicant, on behalf of Alpapar Holdings LLC, owner,
for approval of a Conditional Use Permit to allow a 5000-square foot retail business in a
portion of a 13,500 square foot building on a 1.343-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 Light
Manufacturing (M-1) District, is hereby granted a Conditional Use Permit (CUP) for a retail
business, subject to all requirements of the Light Manufacturing (M-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: 1.343 acres out of a 1.4463-acre tract of land described in
Volume 1400, Page 187 of the Deed Records of Brazoria County, Texas, said tract
also being out of Tract No. 4, of the Bayou Commercial Park of Pearland, an
addition in the City of Pearland according to the plat recorded in Volume 16, Page
57 of the Plat Records of Brazoria County, Texas
General Location: 1118 Main Street, Pearland, TX.
1. No outdoor storage shall be permitted with the retail use.
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 18th of November 2019.
••••:
TOM REID
MAYOR
ATTEST:
140 teit0
l LiC
MARIA RODRIGUEZ
INTERIM CITY SECRETARY 1
16)-
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
1.343 acres out of a 1.4463-acre tract of land described in Volume 1400, Page 187 of
the Deed Records of Brazoria County, Texas, said tract also being out of Tract No. 4, of
the Bayou Commercial Park of Pearland, an addition in the City of Pearland according
to the plat recorded in Volume 16, Page 57 of the Plat Records of Brazoria County,
Texas.
Exhibit B
Vicinity Map
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Exhibit C
Online Notification
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 19-00022
A request by Mike Frankoff, applicant, on behalf of Alpapar Holdings LLC, owner,
for approval of a Conditional Use Permit (CUP) to allow 5,000-square feet of retail
business within an existing 13,500-square foot building located within the Light
Industrial (M-1) District; to wit:
Legal Description: 1.343 acres out of a 1.4463-acre tract of land described in
Volume 1400, Page 187 of the Deed Records of Brazoria County, Texas, said tract
also being out of Tract No. 4, of the Bayou Commercial Park of Pearland, an
addition in the City of Pearland according to the plat recorded in Volume 16, Page
57 of the Plat Records of Brazoria County, Texas.
General Location: 1118 Main Street, Pearland, TX.
Summary: The applicant seeks a Conditional Use Permit to operate a furniture
and home goods retail business within a 5000-square foot lease space on a parcel
zoned light industrial (M-1)
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
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-hearinqs.