R2021-CUP21-00036 2022-01-10DocuSign Envelope ID: 53457356-37C3-4014-B09A-A79526731266
RESOLUTION R2021- CUP21-00036
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Gasoline Station (With or Without Auto
Wash —Self Service) use within the General Commercial (GC) District, to
accommodate a fueling station associated with a proposed convenience store
and retail shop, on approximately 2.14 acres of land; being described as
2.1423 acres of land situated in the R.B. Lyle Survey, Abstract No. 543, City
of Pearland, Brazoria County, Texas, being a portion of that certain called
13.3897 acres of land described in deed and recorded in the Official Public
Records of Real Property in Brazoria County, Texas, under County Clerk's File
No. 2021009685, also being a portion of that certain Tract 56, Section 4 of W.
Zychlinski Subdivision, a subdivision as shown on map or plat recorded under
Volume 29, Page 43 of the Deed Records of Brazoria County, Texas (located
at the Northwest Corner of Mykawa Road and the Future Extension of
McHard Road). Conditional Use Permit Application No CUP21-00036, for
Gasoline Station (With or Without Auto Wash —Self Service) use within the
General Commercial (GC) District, at the request of Alan Mueller, applicant,
on behalf of Edgar Properties LLC, owner, containing a savings clause, a
severability clause, and an effective date and other provisions related to the
subject.
WHEREAS, Alan Mueller, applicant, on behalf of Edgar Properties LLC, owner, is
requesting approval of a Conditional Use Permit (CUP) for Gasoline Station (With or
Without Auto Wash —Self Service) use within the General Commercial (GC) District, on
approximately 2.14 acres of land; 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 13th day of December 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
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RES. No. R2021- CUP21-00036
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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 Alan Mueller, applicant, on behalf of Edgar
Properties LLC, owner, for approval of a Conditional Use Permit (CUP) for Gasoline
Station (With or Without Auto Wash —Self Service) use within the General Commercial
(GC) District; presented which, in the judgment of the Planning and Zoning Commission
have provided input and discussion; and
WHEREAS, on the 10th day of January 2022, 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 Alan Mueller, applicant, on behalf
of Edgar Properties LLC, owner, for approval of a Conditional Use Permit (CUP) for
Gasoline Station (With or Without Auto Wash —Self Service) use within the General
Commercial (GC) 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 General
Commercial (GC) District, is hereby granted a Conditional Use Permit (CUP) for Gasoline
Station (With or Without Auto Wash —Self Service) 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 2.1423 acres of land situated in the R.B. Lyle
Survey, Abstract No. 543, City of Pearland, Brazoria County, Texas, being
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RES. No. R2021- CUP21-00036
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a portion of that certain called 13.3897 acres of land described in deed and
recorded in the Official Public Records of Real Property in Brazoria County,
Texas, under County Clerk's File No. 2021009685, also being a portion of
that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a subdivision
as shown on map or plat recorded under Volume 29, Page 43 of the Deed
Records of Brazoria County, Texas.
General Location: Northwest Corner of Mykawa Road and the Future
Extension of McHard Road.
Conditions:
1. The exterior building facades shall be developed in substantial
conformance with the materials as depicted in the attached facade
renderings in Exhibit "D".
2. Vegetative screening consisting of a 3' hedge row with 2" caliper
trees every 30' of property line shall be provided to screen the subject
property from the residential property along the north boundary.
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.
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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 10th day of January 2022.
CbRaS5nid by:
126771 PA32RR4 4
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
DocuSigned by:
F466
DARRIN M. COKER
CITY ATTORNEY
DocuSigned by:
9�
F9 2 ..
J. KEVIN COLE
MAYOR
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Exhibit A
Legal Description
Being 2.1423 acres of land situated in the R.B. Lyle Survey, Abstract No. 543, City of
Pearland, Brazoria County, Texas, being a portion of that certain called 13.3897 acres of
land described in deed and recorded in the Official Public Records of Real Property in
Brazoria County, Texas, under County Clerk's File No. 2021009685, also being a portion
of that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a subdivision as shown
on map or plat recorded under Volume 29, Page 43 of the Deed Records of Brazoria
County, Texas.
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Exhibit B
Vicinity Map
Exhibit 1
CUP 21-00036
Zoning & Aerial Map
NW Corner of Mykawa Rd
& McHard Rd
Gas Station in GC
Legend
Subject Properly
Thin product 6 for informational purposes and
may ROL h.ve hem nrryarrd for or ha suitable
ter fecal, sioirineering, or surveying purposes. 11
doca not repraacnt an on -the -ground aunoy and
a preaenta onlyths approximate relative location
of property boundaries.
1 inch = 250 feet
COMMUNITY DIN. DBiT-
DECEMBER 2921
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PH
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, December 13, 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, January 10, 2022, at 6:30 p.m.,
regarding:
Conditional Use Permit Application: CUP 21-00036
A request by Alan Mueller, applicant, on behalf of Edgar Properties LLC,
owner, for approval of a Conditional Use Permit (CUP) for Gasoline Station
(With or Without Auto Wash —Self Service) use within the General Commercial
(GC) District, to accommodate a fueling station associated with a proposed
convenience store and retail shop, on approximately 2.14 acres of land, to
wit:
Legal Description: Being 2.1423 acres of land situated in the R.B. Lyle
Survey, Abstract No. 543, City of Pearland, Brazoria County, Texas, being a
portion of that certain called 13.3897 acres of land described in deed and
recorded in the Official Public Records of Real Property in Brazoria County,
Texas, under County Clerk's File No. 2021009685, also being a portion of
that certain Tract 56, Section 4 of W. Zychlinski Subdivision, a subdivision as
shown on map or plat recorded under Volume 29, Page 43 of the Deed
Records of Brazoria County, Texas.
General Location: Northwest Corner of Mykawa Road and the Future
Extension of McHard Road
Summary: The applicant proposes to construct a gas station in conjunction
with a convenience store and small lease space at the subject property.
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 sloweftearlandbcaov 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.aovlpublic-hearings.
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Exhibit "D"
■ OUR PROPOSAL
Mykawa Rendering
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