R2020-CUP20-00003 2020-04-20 RESOLUTION R2020- CUP20-00003
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 (01-MU) District, Being Lots 8, 9, 10, and
11 in Block Six (6) of Pearland Townsite, Section Three (3), an addition in
the City of Pearland, Brazoria County, according to the map or plat thereof,
recorded in Volume 29, Page 41, of the Deed Record of Brazoria County,
Texas. (Located at 2221 N. Houston Avenue, Pearland, TX.) Conditional
Use Permit Application No CUP 20-00003, within the Old Townsite Mixed-
Use (01-MU) zoning district, at the request of James Gilbert, applicant, on
behalf of Crash Development LLC, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, James Gilbert, applicant, on behalf of Crash Development LLC,
owner, is requesting for approval of a Conditional Use Permit (CUP) to allow Single-
Family Detached Dwellings on 0.287 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 April 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 James Gilbert, applicant, on behalf of Crash Development LLC,
owner, for approval of a Conditional Use Permit on approximately 0.287 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 Lots 8, 9, 10, and 11 in Block Six (6) of Pearland
Townsite, Section Three (3), an addition in the City of Pearland, Brazoria County,
according to the map or plat thereof, recorded in Volume 29, Page 41, of the
Deed Record of Brazoria County, Texas.
General Location: 2221 N. Houston Avenue, Pearland, TX.
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 this5,1)e 20th ay o pril, 2020.
TOM REID
MAYOR
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CRY TAL ROAN, TRMC =v E
CITY SECRETARY 10%
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DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being Lots 8, 9, 10, and 11 in Block Six (6) of Pearland Townsite, Section Three (3), an
addition in the City of Pearland, Brazoria County, according to the map or plat thereof,
recorded in Volume 29, Page 41, of the Deed Record of 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 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 20-00003
A request by James Gilbert, applicant, on behalf of Crash Development
LLC. owner, for approval of a Conditional Use Permit to allow Single-
Family Detached Dwelling in the Old Townsite Mixed-Use(OT-MU) District:
to wit:
Legal Description: Being Lots 8, 9, 10, and 11 in Block Six(6) of Pearland
Townsite, Section Three (3), an addition in the City of Pearland, Brazoria
County, according to the map or plat thereof, recorded in Volume 29, Page
41, of the Deed Record of Brazoria County,Texas.
General Location: 2221 N Houston Avenue, Pearland, Texas.
Summary: The applicant proposes to construct two 1200-square foot
detached single-family homes on two lots, each 50 feet wide.
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TELEPHONENIDEO CONFERENCE
on:
Monday.April 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
mbireima(& earlandtx.gov or submit a request to speak remotely during
the tele-conference no later than 12:00 pm., April 20, 2020. For more
information on this case and how to participate remotely in the public
hearing, please visit our website to access the agenda which will be made
available on Friday prior to the meeting date via this link:
nttas:Nwww.oearlandtx.aov/aovemmentiaoendas/city-council,