R2021-CUP21-00008 2021-04-19 FAILED RESOLUTION R2021- CUP21-00008
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) to allow Dwelling-Two-Family use within
the Old Townsite Mixed Use (OT-MU) District, on 0.2869 acres of land;
being all of Lots 1, 2 & 3, Block 1 of Park Avenue Place, an addition in the City
of Pearland, Brazoria County, Texas, according to the plat recorded•in County
Clerk's File No. 2018003429, in the Official Plat Records of Brazoria County,
Texas.. (Located at 2529, 2532 & 2533 Park Avenue, Pearland, Texas).
Conditional Use Permit Application No CUP21-00008, within the Old town
Mixed use (OT-MU) District, at the request by Jawad Zaid, applicant, on behalf
of Jose Mejia, owner, containing a savings clause, a severability clause, and
an effective date and other provisions related to the subject.
WHEREAS, by Jawad Zaid, applicant, on behalf of Jose Mejia, owner, for approval
of a Conditional Use Permit (CUP) for Dwelling-Two-Family use within the Old Townsite
Mixed Use (OT-MU) District, on 0.2869 acres of land; to wit:; 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 19th of April, 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 apart 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 Jawad Zaid, applicant, on behalf of Jose Mejia, owner, for approval
of a Conditional Use Permit to allow for Dwelling-Two-Family use within 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 duplex buildings within
the Old Townsite Mixed Use (OT-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 all of Lots 1, 2 & 3, Block 1 of Park Avenue Place, an
addition in the City of Pearland, Brazoria County, Texas, according to the plat
recorded in County Clerk's File No. 2018003429, in the Official Plat Records of
Brazoria County, Texas.
General Location: 2529, 2530 & 2533 Park 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 Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Resolution shall - o ective after its passage and
'
approval.
PASSED, APPROVED, and AD 1p,PTED s the 19th day of April 2021.
J. KEVIN COLE
MAYOR
CRYSTAL ROAN, RMC, CMC
CITY SECRETAR
DARRIN M. COKER
CITY ATTORNEY