R2021-CUP21-00007 2021-03-15RESOLUTION R2021- CUP21-00007
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow a Metal, Machine or Wood Shop
in the Garden O'Day Mixed Use (G/O-MU) District, on approximately 0.43
acres of land, Being a tract of land situated in the H.T. & B. Railroad
Company Survey, Section 8, Abstract No. 504, Brazoria County, Texas,
same being a portion of Tract 44, Allison -Richey Gulf Coast Homes
Company Subdivision, a subdivision in Brazoria County, Teas, according to
the plat recorded in Volume 2, Pages 23 and 24, Plat Records of Brazoria
County, Texas. (2542 Garden Road, Pearland, Texas). Conditional Use
Permit Application No. CUP 21-00007, within the Garden O'Day Mixed Use
(G/O-MU) District, at the request of Ginelle Baker, applicant and owner,
containing a savings clause, a severability clause, and an effective date and
other provisions related to the subject.
WHEREAS, Ginelle Baker, applicant and owner is requesting approval of a
Conditional Use Permit (CUP) to allow a Metal, Machine or Wood Shop on
approximately 0.43 acres 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 15th day of March, 2021, 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 Ginelle Baker, applicant and owner, for approval of a
Conditional Use Permit (CUP) to allow a Metal, Machine or Wood Shop on
approximately 0.43 acres; 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 Garden
O'Day Mixed Use (G/O-MU) District, is hereby granted a Conditional Use Permit (CUP)
to allow a Metal, Machine or Wood Shop, subject to all requirements of the Garden
O'Day Mixed Use (G/O-MU) 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 a tract of land situated in the H.T. & B. Railroad
Company Survey, Section 8, Abstract No. 504, Brazoria County, Texas, same
being a portion of Tract 44, Allison -Richey Gulf Coast Homes Company
Subdivision, a subdivision in Brazoria County, Teas, according to the plat
recorded in Volume 2, Pages 23 and 24, Plat Records of Brazoria County,
Texas.
General Location: 2542 Garden Road, 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 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 15th day of March 2021.
EVIN COLE
AYOR
ATTEST:
CRYSTAL ROAN, TRMC, CM
CITY SECRETARY
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Legal Description
Being a tract of land situated in the H.T. & B. Railroad Company Survey, Section
8, Abstract No. 504, Brazoria County, Texas, same being a portion of Tract 44,
Allison -Richey Gulf Coast Homes Company Subdivision, a subdivision in
Brazoria County, Teas, according to the plat recorded in Volume 2, Pages 23
and 24, Plat Records of Brazoria County, Texas.
Exhibit B
Vicinity Map
Exhibit 1
CUP 21-00007
Zoning + Aerial Map
2542 Garden Road
Metal Shop CUP in G/O-MU
Legend
QSubtect Property
Ihrr pndarrahnrsmad parpoorr and
may nor have: hoe: props ar d u,r ur tti puitahk
for Inrnl. enrsemnr. or surve'inp P.M.', It
3ms no•repr"vrt h r nd a and
wpna«nt..m]v thv Kppmrimim wWrirw I.art»n
d p oprarr- h.ri adutas.
1 inch = 250 feat
MAKCM 1. 202i
COMMVWftT Dtv nsrr
221.652.1765
Exhibit C
Online Notification
CITY OF PEARLAND
3523 Liberty Dnve, Pear�anei Tars 77561
FAX:221.652.1702 www_pearlandt.x.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 21-00007
A request by Gineile Baker, appnvnt and owner, for approval of a Conditional Use
Permit (CUP) for Metal, Machin or Wood Shop use located within the
GardentO'Day Moved Use iG+O-MU) District, to accommodate a motet shop
specializing in making custdrn furniture within the existing warehouse buikfnng, on
approximately 043 acres of land; to wtt
Legal Description: Being a bad of land a4uetsd In the H.T. & B. Railroad
Company Survey. Section 5, Abstract No. 504. Brazona County, Texas. same being
a portion of Tray± 44, Allisorr•Ritey Gruff Coast Homes Company SubuSviaaan, a
subdivision In Blazons County, Teas, according to the plat reoorded In Ydltrne 2,
Pages 23 and 24, Plat Records of Braroria County, Texas.
General Location: 2542 Garden Road, Pearland, Texas
Summary: The applicant proposes to develop a metal shop specializing in making
custom furniture within the existing 4.500 square foot warehouse Wilting. Metal.
Machete or World Shop ii a business that is involved in meta[ or wood fatxitaIion,
which may Include structural. arontltectura+. ornamental. and artistic protects
THE PUBLIC HEARING WILL BE CONDUCTED VIA
TELEPHONENIDFO CONFERENCE $ IN•PFRSON
on:
Mtknday. March 15, 2021 at 6:30 P,11,
YOU we reoeiving this notice because appraisal district records indicate Ghat you
own property within 200 feet of the subject property identified an the attached mate
You are invited to voice your support or opposition for the above referenced request
by submitting comments or requesting to speak rernotety. You may sutvnit
comments by cmai to ulown53lpnartannix.gov or submit a request to speak remotely
during the tote -conference. The public will be permuted to offer public comments by
telephone as first priority and in -person as provided by the agenda and as permitted
by the presiding officer during the meeting. All speakers MUST register in advanos.
To Speak remotely during Me meetnig, speakers MUST:
+ Subunit tine onk►e regtsirat'on form fund at
htIca. ne arlandtx,civic b net/PortalltileeengTvoaLlstasov
• Registration muss be received no later 12 pin an Monday March 15 Once
the regtstrabon farm is received, residents will receive either an email or
phone cell providing ahem a telephone number to call on Monday. March IS.
• Spankers must call in at least 30 minutes prior to the start of the meeting in
order to speak, Rate callers will nal be accepted and will not be able to
speak,