R2020-CUP20-00007 2020-07-20 RESOLUTION R2020- CUP20-00007
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow Single-Family Detached Dwelling
in the Old Townsite Mixed-Use (OT-MU) District, Being a subdivision of
0.1435 acres being Lots 28 and 29, of Block 31 in the Pearland Townsite, as
recorded in Volume 29, Page 41 of the Plat records of Brazoria County,
Texas.. (Located at 2540 S Texas Avenue, Pearland, TX.) Conditional Use
Permit Application No CUP 20-00007, within the Old Townsite Mixed-Use
(OT-MU) zoning district, at the request of Jose Maldonado, applicant, on
behalf of Andrew Maldonado, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Jose Maldonado, applicant, on behalf of Andrew Maldonado, owner,
is requesting for approval of a Conditional Use Permit (CUP) to allow Single-Family
Detached Dwellings on 0.1435 acres tract 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 20th day of July 2020, 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 advised in the premises, finds that in the case
of the application of Jose Maldonado, applicant, on behalf of Andrew Maldonado,
owner, for approval of a Conditional Use Permit on approximately 0.1435 acres of land
to allow Single-Family Detached Dwelling in the Old Townsite Mixed-Use (OT-MU)
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 Old Town
Mixed-Use (OT-MU) zoning district, is hereby granted a Conditional Use Permit (CUP)
to allow a Single-Family Detached Dwelling, subject to all requirements of the Old Town
Mixed-Use (OT-MU) zoning district, in accordance with all conditions and requirements
of the current 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 subdivision of 0.1435 acres being Lots 28 and 29, of
Block 31 in the Pearland Townsite, as recorded in Volume 29, Page 41 of the
Plat records of Brazoria County, Texas.
General Location: 2540 S Texas Avenue, Pearland, Texas.
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 Resolution 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 on first and final reading.
PASSED, APPROVED, and ADOPTED on this th 20th f July, 2020.
TOM REID
MAYOR
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DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being a subdivision of 0.1435 acres being Lots 28 and 29, of Block 31 in the Pearland
Townsite, as recorded in Volume 29, Page 41 of the Plat records of 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:251,652.1702 www.pearlardtx.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 2040007
A request by Jose Maldonado,applicant,on behalf of Andrew Maldonado,owner,
for approval of a Conditional Use Permit to allow a Single-Family Detached
Dwelling in the Old Townsile Mixed-Use District(OT-MU),on approximately 0 14
acres of land:to wit:
Legal Descripdon: Being a subdivision of 0.1435 acres being Lots 28 and 29,of
Block 31 in the Pearland Townsite,as recorded in Volume 29, Page 41 of the Plat
records of Brazorla County,Texas,
General Location:2540 S Texas Avenue,Pearland,Texas.
Summary: The applicant proposes to construct a 2031-square foot detached
single-family home on a 6250-square toot lot.
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TELEPHONENIDEO CONFERENCE
on:
Monday,July 20,2020 at 6:30 P.M.
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 voice your support ar opposition for the above referenced
request by submdting comments or requesting to speak remotely.You may submit
comments by email to mblrelma.,oeaflandtx,gov or submit a request to speak
remotely during the tele-conference. The public will be permitted to offer public
comments by telephone as provided by the agenda end as permitted by the
presiding officer during the meeting. All speakers MUST register in advance. To
speak remotely during the meeting,speakers MUST.
• Submit the online registration form found at:
httns:rloearlandtx.civicmeb.netlPcsiallMeetinoTvneList.aso
• Registrabon must be received no later 12 p.m_on Monday, July 20. Once
the registration form is received, residents will receive either an email or
phone call providing them a telephone number to cad on Monday,July 20.
• Speakers must cell in at least 30 minutes prior to the start of the meeting in
order to speak, late callers will not be accepted and will not be able to
speak.