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Home My WebLink AboutR2021-CUP21-00027 2021-10-11 Asa RESOLUTION R2021- CUP21-00027 A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit(CUP) for Concrete Batching Plant use within the Light Industrial (M-1) District, to accommodate the construction of a cement batch plant within a 77.703-acres lot; being described as Lot 1, Block 1 of the Minor Plat of Nilo, a subdivision of 77.703 acres of land located in the H.T. & B.R.R. CO. Survey, Abstract 542 and the R.B. Lyle Survey, Abstract 543, in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2014046197 in the Official Plat Records of Brazoria County, Texas (located at 4501 Knapp Road, Pearland, Texas). Conditional Use Permit Application No CUP21-00027, for Concrete Batching Plant use within the Light Industrial (M-1) District, at the request of Victor Houtmann, applicant, on behalf of Olin Wooten, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. WHEREAS, Victor Houtmann, applicant, on behalf of Olin Wooten, owner, is requesting approval of a Conditional Use Permit (CUP) for Concrete Batching Plant use within the Light Industrial (M-1) District; 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 September 2021, a public hearing was held before the Planning and Zoning Commission 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 Planning and Zoning commission 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 Victor Houtmann, applicant, on behalf of Olin Wooten, owner, for approval of a Conditional Use Permit (CUP) for Concrete Batching Plant use within the Light Industrial (M-1) District; presented which, in the judgment of the Planning and Zoning Commission have provided input and discussion; and WHEREAS, on the 11th day of October 2021, 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 Victor Houtmann, applicant, on behalf of Olin Wooten, owner, for approval of a Conditional Use Permit (CUP) for Concrete Batching Plant use within the Light Industrial (M-1) 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 Light Industrial (M-1) District, is hereby granted a Conditional Use Permit (CUP) for Concrete Batching Plant use, in accordance with all conditions and requirements of the Unified Development Code approved by the City Council and incorporated for all purposes, such property being more particularly described as: Legal Description: Being all of Lot 1, Block 1 of the Minor Plat of Nilo, a subdivision of 77.703 acres of land located in the H.T. & B.R.R. CO. Survey, Abstract 542 and the R.B. Lyle Survey, Abstract 543, in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2014046197 in the Official Plat Records of Brazoria County, Texas. General Location: 4501 Knapp Road, Pearland, Texas. Conditions: Amok 1. A geotechnical report assessing the current condition of Knapp Road and a TIA shall be submitted and approved prior to approval of permits. Any recommendations from that report shall be followed by the applicant. 2. The proposed use shall comply with any appropriate federal and/or state standard as well as any others specified by this UDC or any other City Codes, such as adopted noise or hours of operation regulations. 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. PASSED, APPROVED, and ADOPTED on this day, the 11th day of October 2021 . . \l/IN COLE AYO R AT Ti R STAL ROAN, TRMC, CMC CITY SECRETARY •��''',,P,,,,j�q"'''� R : • DARRIN M. COKER CITY ATTORNEY ,,,,, Exhibit A Legal Description Being all of Lot 1, Block 1 of the Minor Plat of Nilo, a subdivision of 77.703 acres of land located in the H.T. & B.R.R. CO. Survey, Abstract 542 and the R.B. Lyle Survey, Abstract 543, in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2014046197 in the Official Plat Records of Brazoria County, Texas. Exhibit B Vicinity Map _ 1� lr . _ *'"'_ «._I A,. ',04.i tt '" �� Exhibit 1 .• !,..L.A.,..--,- J � sw.. ,.. ,�.' CUP 21-00027 1, Q4 " ,—. r •• - -' ,.+IOF iW�rdN'1'• '' • .k:;AT,' tw„caxdt:nka Zoning +Aerial Map - eaA•Atr3.0 mri7pfC JK: � = �{� �` it ter-"„": r 4501 Knapp Road _it7. Cement Batch Plant in M-1 r ' .�" J 't --- -1 rr • . - `- M•l. . '- _ . I -- _ _ — _ - .i Legend t' _ ti � C '-r - • _ T �, Q Subject Property 1 1\ P p d b hr p mutably. h_ nK purport..!F�'y#fA y „� � t '� � uy 6r kg al.•nlnmT e � I, Pi C r 't}'. r - ' 'f 0 4 due. of r.-p 5 the-e uu d oury r and A � A % �, reprevnu.only the rrEon.,l. i � 4 vl i ! } KgtY�5Tti, t 7R y` 1r 1 inch=SGO feet TM 414 1��1 sr COMMUNITY DEN'DEPT ►p`� . ,.d �' • + +Me !I ,". S SEPT IM PER MI i L'ILA'ST C� �• • . �� t y t A.. 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 PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission of the City of Pearland will hold a public hearing on Monday, September 20, 2021, at 6:30 p.m.; and that the City Council of the City of Pearland will hold a public hearing and resolution adoption on Monday, October 11, 2021, at 6:30 p.m., regarding: Conditional Use Permit Application: CUP 21-00027 A request by Victor Houtmann, applicant, on behalf of Olin Wooten, owner, for approval of a Conditional Use Permit (CUP) for Concrete Batching Plant use within the Light Industrial (M-1) District, to accommodate the construction of a cement batch plant within a 77.703-acres lot, to wit: Legal Description: Being all of Lot 1, Block 1 of the Minor Plat of Nilo, a subdivision of 77.703 acres of land located in the H.T. & B.R.R. CO. Survey, Abstract 542 and the R.B. Lyle Survey, Abstract 543, in the City of Pearland, Brazoria County, Texas, according to the plat recorded in County Clerk's File No. 2014046197 in the Official Plat Records of Brazoria County, Texas. General Location: 4501 Knapp Road, Pearland, Texas. Summary: The applicant proposes to build a ready-mix cement plant with a capacity of 200 cubic yards within the existing pipe storage yard. The plant area is 6000 square feet. An Asphalt/Concrete Batching Plant is defined in the Code as a permanent manufacturing facility engaged in the production of asphalt, carbon black, concrete, Cement, Lime, Gypsum or Plaster of Paris. THE PUBLIC HEARING WILL BE HELD IN THE Council Chamber of Pearland City Hall 3519 Liberty Drive, Pearland, Texas 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 attend the public hearing and voice your support or opposition for the above reference request. If you have comments, please feel free to email them to slowe(a earlandtx.aov or submit a public comment form using the above application number to reference this case. For more information on this request and your involvement in the hearing process, visit our website at www.pearlandtx.qov/public-hearings.