R2020-CUP20-00006 2020-07-20 RESOLUTION R2020-CUP20-00006
A resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a detached single-family
dwelling unit within the Old Townsite Mixed Use District (OT-MU),
Being 0.3587 acres out of the H.T. and B.R.R. Co. Survey, Section 3,
Abstract 232, Brazoria County, Texas, and being all of Lots 20 through 24,
Block 40 of the Pearland Townsite Addition, an Addition in the City of
Pearland, Texas as recorded in Volume 29, Page 41 of the Plat Records of
Brazoria County, Texas. (Located at 2547 S. Austin Avenue, Pearland,
Texas). Conditional Use Permit Application No CUP20-00006, within the Old
Townsite Mixed Use District (OT-MU), at the request of Anja Moore, Anja's
Permit Assistance, applicant, on Juan & Dalila Gonzalez, owner, containing
a savings clause, a severability clause, and an effective date and other
provisions related to the subject.
WHEREAS, Anja Moore, Anja's Permit Assistance, applicant, on Juan & Dalila
Gonzalez„ owner, is requesting approval of a Conditional Use Permit (CUP) to allow a
detached single-family dwelling unit within the Old Townsite Mixed Use District (OT-MU),
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 advertised in the premises, finds that in the case
of the application of Anja Moore, Anja's Permit Assistance, applicant, on Juan & Dalila
Gonzalez, owner, for approval of a Conditional Use Permit to allow a detached single-
family dwelling unit within the Old Townsite Mixed Use District (OT-MU), on approximately
0.36 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 Old Townsite
Mixed Use District (OT-MU), is hereby granted a Conditional Use Permit (CUP) a
detached single-family dwelling unit within the Old Townsite Mixed Use District (OT-MU),
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 0.3587 acres out of the H.T. and B.R.R. Co. Survey,
Section 3, Abstract 232, Brazoria County, Texas, and being all of Lots 20 through
24, Block 40 of the Pearland Townsite Addition, an Addition in the City of Pearland,
Texas as recorded in Volume 29, Page 41 of the Plat Records of Brazoria County,
Texas.
General Location: 2547 S. Austin Avenue, Pearland, Texas
Conditions: The CUP shall be subject to the following condition:
1. All existing non-conforming accessory structures shall be removed.
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 20th day of July 2020.
2
TOM REID
MAYOR
ATT ST:
,,,,,,,,,,,,,,,,,,,
67-7 -FAL 'OAN, TRMC
CITY SECRETARY
3-1
DARRIN M. COKER • ''
CITYATTORNEY '', ,,,,,,,•,,`',`,,``.
Exhibit A
Legal Description
Being 0.3587 acres out of the H.T. and B.R.R. Co. Survey, Section 3, Abstract 232,
Brazoria County, Texas, and being all of Lots 20 through 24, Block 40 of the Pearland
Townsite Addition, an Addition in the City of Pearland, Texas as recorded in Volume 29,
Page 41 of the Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
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.fit Exhibit 1
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Exhibit C
Online Notification
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 20-00006
A request by Anja Moore, Anja's Permit Assistance, applicant, on Juan & Dalila Gonzalez,
owner, for approval of a Conditional Use Permit to allow a detached single-family dwelling
unit within the Old Townsite Mixed Use District (OT-MU), on approximately 0.36 acres of
land, to wit:
Legal Description: Being 0.3587 acres out of the H.T. and B.R.R. Co. Survey, Section 3,
Abstract 232, Brazoria County, Texas, and being all of Lots 20 through 24, Block 40 of the
Pearland Townsite Addition, an Addition in the City of Pearland, Texas as recorded in
Volume 29, Page 41 of the Plat Records of Brazoria County, Texas.
General Location: 2547 S. Austin Avenue, Pearland, Texas.
Summary: The applicant proposes to combine four (4) lots into a single lot and to
demolish the principal residential structure on the property in order to construct a new
detached single-family home.
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 or opposition for the above referenced request by
submitting comments or requesting to speak remotely. You may submit comments by
email to mbireimapearlandtx.qov 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 and 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:
https://pearlandtx.civicweb.net/Portal/MeetingTypeList.aspx.
• Registration 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 call on Monday, July 20.
• Speakers must call 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.